Boy, 12, set to stand trial over shooting death of his neo-Nazi dad

Jeff Hall holds a neo-Nazi flag near his home in Riverside, Calif., on Oct. 22, 2010. His son told police he pulled a .357-Magnum from a closet and aimed it at Hall's ear and pulled the trigger before running upstairs and hiding the weapon, according to court papers.

By The Associated Press

RIVERSIDE, Calif. - Nearly two years after a neo-Nazi leader was gunned down at point-blank while sleeping on his sofa in Riverside, Calif., his son — who was 10 at the time of the killing — is going on trial for murder.

Prosecutors want a judge hearing opening statements Tuesday to rule after the proceedings that the boy, now 12, murdered Jeff Hall, an out-of-work plumber who as regional leader of the National Socialist Movement headed rallies at a synagogue and a day labor site.

The boy told police he pulled a .357-Magnum from a closet and aimed it at Hall's ear and pulled the trigger before running upstairs and hiding the weapon, according to court papers.

"He decided, as he put it, it was time to end the father-son thing," said Michael Soccio, chief deputy district attorney. "This child started at five years old being expelled from school for violence. ... His violence started way before his dad ever joined any Nazi party."

Soccio, citing a history of violent behavior including choking a teacher with a telephone cord, wants to keep him locked up as long as possible. If held responsible, the boy would become the youngest person currently in the custody of the state's corrections department.

The boy's public defender, Matthew Hardy, did not immediately return calls for comment.

Hardy told the New York Times his client has neurological and psychological problems and was exposed to neo-Nazi "conditioning" at home.

"He's been conditioned to violence," Hardy told the newspaper. "You have to ask yourself: Did this kid really know that this act was wrong based on all those things?"

The Associated Press is not identifying the boy — who is not charged as an adult — because of his age.

Hall, 32, who said he believed in a white breakaway nation, ran for a seat on the local water board in 2010 in a move that disturbed many residents in the recession-battered suburbs southeast of Los Angeles. The day before his death, he held a meeting of the neo-Nazi group at his home.

Hall had previously taken the boy — his oldest of five children — on a U.S.-Mexico border patrol trip and showed him how to use a gun, according to papers filed by police against the boy's stepmother alleging child endangerment and criminal storage of a gun.

Last year, the boy told investigators he went downstairs and shot his father before returning upstairs and hiding the gun under his bed, according to court documents. He told authorities he thought his father was going to leave his stepmother, and he didn't want the family to split up, Soccio said.

Custody disputeThe boy's stepmother told authorities that Hall had hit, kicked and yelled at his son for being too loud or getting in the way. Hall and the boy's biological mother had previously slugged through a divorce and custody dispute in which each had accused the other of child abuse.

Kathleen M. Heide, a professor at the University of South Florida in Tampa who wrote "Why Kids Kill Parents," said children 10 and under rarely kill their parents and that only 16 such cases were documented between 1996 and 2007. Heide also said parenting and home life would undoubtedly play a role in the case.

"It would be inaccurate to say who the child's parents are is superfluous," she said. "That is going to have an effect on how the child grows up, on the values that child learns, on problem solving abilities, so all of that is relevant."

If a judge finds the boy murdered Hall, he could be held in state custody until he is 23 years old, said Bill Sessa, spokesman for California's Department of Corrections and Rehabilitation.

The state currently houses fewer than 900 juveniles.

"We don't have anybody that young," Sessa said. "We have had 12-year-olds in the past, but it's rare."